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NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION
PETITION TO ADOPT RULES SETTING 2030
GREENHOUSE GAS EMISSION REDUCTION
TARGETS AND RESTRICTING NEW OR EXPANDED
FOSSIL FUEL INFRASTRUCTURE PROJECTS.
Petitioners EmpowerNJ, BlueWaveNJ, Clean Water Action NJ, Delaware Riverkeeper
Network, Don’t Gas the Meadowlands Coalition, Environment New Jersey, Food & Water
Watch, and New Jersey Sierra Club hereby petition the New Jersey Department of
Environmental Protection (“DEP”), pursuant to N.J.S.A. 52:14B-4(f) and N.J.A.C. 7:1D-1.1, to
adopt rules that set a 50% GHG reduction target by 2030 from 2005 levels, implement how that
reduction is to be achieved and restrict the issuance of operating permits for new fossil fuel
infrastructure projects. This petition is also supported by 58 organizations listed in Appendix A.
PETITION SUMMARY
1. 2030 is the new 2050 when it comes to the climate crisis. The incontrovertible
scientific consensus is that there must be a 45% reduction in greenhouse gas emissions
(“GHGs”) by 2030 to limit global warming to 1.5 °C in order to avoid climate catastrophe. The
devastation caused by climate change is accelerating and becoming more immediate. Not a day
goes by without headlines reporting record breaking heat waves, droughts, unprecedented
flooding, raging wildfires, stronger and more frequent hurricanes. The list could go on and on.
2. Governments are finally starting to respond to this ongoing catastrophe by recognizing
that time is everything in the battle against climate change. On April 22, 2021, President Biden
announced a new GHG reduction target for the United States, a 50-52% reduction in GHGs from
2005 by 2030. States are adopting similar targets. Nothing sums up both the immediacy of the
climate crisis and the actions that are starting to be taken than the events in Europe last week
where the European Union announced that it would reduce GHGs by 55% by 2030 and the
following day there was climate-caused flooding in Germany, Belgium and the Netherlands on a
scale that had never been seen before.
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3. New Jersey, however, is not keeping pace. New Jersey’s Global Warming Response
Act (“GWRA”) requires DEP to set interim benchmarks needed to meet New Jersey’s target of
reducing GHGs by 80% by 2050. As a member of the United States Climate Alliance (the
“Climate Alliance”), a group of 24 states and two territories, New Jersey also committed itself
to:
Implement policies that advance the goals of the Paris Agreement to keep
temperature increases below 1.5 degrees Celsius, by committing to reduce collective
net GHG emissions at least 50-52 percent below 2005 levels by 2030.
4. DEP, however, is not taking the actions needed to comply with the GWRA, by
codifying the State’s commitment to reducing GHGs by 50% by 2030. Indeed, New Jersey is an
outlier in the Climate Alliance. The vast majority of member States already have set 2030
targets, and many have set 2025 targets.
5. DEP should also promulgate rules denying permits for any new fossil fuel project
unless it certifies that i) the 2030 GHG reduction target, interim benchmarks and the 2050 clean
energy standards can be met if the facility is constructed and operates; ii) there are no renewable
energy alternatives to provide the energy the project would produce; and iii) New Jersey’s
energy requirements cannot be met by any other means, including through energy efficiency
measures. There are currently numerous new fossil fuel infrastructure projects in various stages
of planning and development in the State. There is simply no place for any of them, or any other
new fossil fuel projects, if we are to meet our commitment to reducing GHGs by 2030, or meet
the 2050 GWRA clean energy standards.
6. This is anything but a radical proposal. In May 2021, the International Energy
Agency, known for its cautious response to the climate crisis, issued a report calling for an
immediate end to investments in new fossil fuel infrastructure, including the immediate cessation
of permits for coal plants or new oil and gas field developments and coal mines. On June 28,
2021, Public Service Enterprise Group (“PSE&G”), which runs the State’s largest utility
company, announced its goal of achieving net-zero climate emissions by 2030, 20 years ahead of
its previous goal. Indeed, it can no longer be rationally argued that natural gas is a bridge fuel to
clean energy. Natural gas is primarily methane, which, on a 20-year time scale, is 86 times more
powerful than carbon dioxide in heating the atmosphere; renewable energy is now generally
cheaper than natural gas for newly built facilities, a gap that is continuing to widen; and any new
fossil fuel facilities will become stranded assets well before the end of their useful life if we are
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to achieve 100% clean energy economy-wide by 2050 as mandated by the 2019 NJ Energy
Master Plan.
7. Restricting permits for new fossil fuel infrastructure would protect ratepayers and
reflects current market conditions. 84% of new U.S. energy production in 2021 is expected to
come from renewable energy sources because wind and solar are now less expensive than coal or
natural gas. And this is before even considering the significant health and environmental costs of
fossil fuel production, which are unjustly and disproportionately borne by communities of color
and low-income communities. DEP must set 2030 GHG reduction targets and adopt rules
implementing those targets, including restricting the construction of new fossil fuel
infrastructure.
I. PETITIONERS’ INTEREST IN THE PETITION
8. Petitioner EmpowerNJ is a coalition of 123 environment, community, religious and
grassroots groups located in New Jersey. EmpowerNJ’s mission, which is endorsed by its
coalition partners, is to seek the reduction of GHG emissions and other pollutants. EmpowerNJ
has been an active participant in DEP’s NJPACT (Protecting Against Climate Threats) rule-
making and other DEP proceedings.
9. Each of the petitioners actively seeks the reduction of GHGs and other pollutants and
recognizes that climate change constitutes an existential threat to New Jersey, the country and
the world. Indeed, every New Jersey citizen has an interest in the relief that Petitioners are
seeking in this proceeding.
II. DEP’S AUTHORITY TO TAKE THE REQUESTED ACTION
10. The Air Pollution Control Act and the Global Warming Response Act, N.J.S.A.
26:2C-37, do not merely allow for the rules Petitioners are seeking, but mandate it.
11. The GWRA mandates GHG reductions of 80% below 2006 levels by 2050 and
requires the DEP to adopt rules and regulations necessary to achieve the 2050 limit and
establish interim benchmarks. Id., 26:2C-41(d), providing in relevant part:
26:2C-41. Establishment of a greenhouse gas emissions monitoring and reporting
program; rules and regulations; scope of oversight.
No later than 18 months after the department prepares and transmits the report (this
long-delayed report was released in Oct. 2020) as required pursuant to subsection c.
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of section 6 of P.L.2007, c. 112 reaffirmed and strengthened by P.L.2019, c. 197,
(C.26:2C-42), the department shall adopt, pursuant to the “Administrative Procedure
Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations establishing interim
benchmarks necessary to achieve the 2050 limit, and measures necessary to achieve
the 2050 limit and the established interim benchmarks.
26:2C-42. Evaluation of policies and measures; recommendations and report;
adoption of an energy master plan.
e. Nothing in P.L.2007, c. 112 (C.26:2C-37 et al.) shall impose any limit on the
existing authority of the department, the Board of Public Utilities, or any other State
department or agency to limit or regulate greenhouse gas emissions pursuant to law.
In his signing statement in support of the 2019 GWRA amendments, Governor Murphy said:
I am directing the Department of Environmental Protection to use its existing legal
authority, in addition to the authority provided by this bill, to administratively
address the reduction of short-lived climate pollutants such as black carbon, which
will provide short-term air quality benefits while also reducing climate warming
pollutants.
12. The Air Pollution Control Act, also empowers DEP to promulgate rules
“preventing, controlling and prohibiting air pollution throughout the State.” Under N.J.S.A.
26:2C-8, “Air Pollution” is defined as any “air contaminants in such quantities and duration as
are, or tend to be, injurious to human health and welfare, animal or plant life, or property, or
would unreasonably interfere with the enjoyment of life or property throughout the State...”
Id., 26C: 2-2. In 2005, DEP classified carbon dioxide (CO2) as an air contaminant. The DEP
has “broad authority to issue health-based regulations under N.J.S.A. 26:2C-8.” In re Adoption
of Amendments and New Regulations at N.J.A.C. 7:27-27.1, 392 N.J. Super 117, 134 (App.
Div. 2007). The 2007 GWRA, reaffirmed by amendment in 2019, defines GHG as “carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride,
and any other gas or substance determined by the Department of Environmental Protection
to be a significant contributor to the problem of global warming.” GHGs, including black
carbon and soot, are clearly “air pollution” subject to State regulation. See Massachusetts v
EPA, 549 U.S. 497, 532 (2007) (“Because greenhouse gases fall well within the Clean Air
Act's capacious definition of ‘air pollutant,’ we hold that EPA has the statutory authority to
regulate the emissions of such gases...”). Indeed, Massachusetts v. EPA strongly supports the
proposition that the failure to regulate GHGs would be arbitrary, capricious and unlawful. Id.
at 535 (EPA’s failure to provide a reasoned explanation for its refusal to decide whether
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GHG’s cause or contribute to climate change was arbitrary, capricious, or otherwise not in
accordance with law).
13. New Jersey is one of a few states in the country with delegated authority to enforce
the Clean Water Act and Clean Air Act. This includes the ability to create and implement
regulations that go beyond the minimum federal standards to protect air and water quality. Using
this delegated authority, DEP is empowered to regulate GHGs emitted by interstate fossil fuel
projects and has previously used this authority to reject water quality permits for FERC approved
interstate fossil fuel projects such as the Williams Transco NESE pipeline.
III. THE SUBSTANCE OF THE PROPOSED REQUEST
14. To comply with the GWRA and meet the commitment the State made as a member
of the Climate Alliance, DEP should adopt rules that set a 50% collective GHG reduction target
by 2030 from 2005 levels and implement how that reduction is to be achieved. Those rules
should include, but not be limited to, restricting the issuance of operating permits for new fossil
fuel infrastructure projects, and stopping public forest logging programs, which directly increase
GHG emissions and decrease future carbon sequestration capacity.
The table below compares the GHG reductions needed to meet either the Climate
Alliance commitment and/or the IPCC goal with the projections made in New Jersey’s 2020
Global Warming Response Act 80x50 Report, New Jersey GHG Emissions Pathway to 2050.
These GHG numbers, which are taken from DEP reports, are understated because they are based
on a 100-year time frame for short-lived but powerful climate pollutants such as methane and
black carbon, instead of the 20-year timeframe required by New Jersey law, and are also net as
they include carbon sequestration reductions of CO2 from absorption of CO2 by plants and trees,
which is about 5 to 8 MMT per year over the timeframes shown.
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DEP’s projections show New Jersey is not on track to meet either the Climate Alliance
commitment or the IPCC goal. The DEP estimates are further suspect because they do not
account for any of the new fossil fuel projects built and proposed around the State.
15. DEP should also assess the climate-related financial risks associated with any new or
expanded fossil fuel infrastructure projects and any other GHG emitting projects and not grant
any permit for such a facility or project unless it certifies through a public process that i) the
2030 GHG reduction targets and GWRA’s 2050 clean energy target can be met if the facility is
constructed and operates; ii) there are no economically and technologically feasible renewable
energy alternatives to providing the energy the project would produce; and iii) New Jersey’s
energy requirements cannot be met by any other means, including through energy efficiency and
conservation measures. As part of this certification process, DEP would be required to solicit
proposals for renewable energy, efficiency and conservation alternatives, allow for public input
and provide detailed data and reasons to demonstrate that these standards have been met. This
rule would apply to the expansion of existing fossil fuel facilities, but not to their repair or
maintenance.
IV. THE REASONS FOR THE PROPOSED RELIEF
A. The Accelerating Climate Change Crisis
16. We have known about climate change for decades, but that change is occurring at a
far faster rate than anyone had previously predicted. With each passing day, the crisis becomes
more acute, the need for immediate action becomes greater, and the economic cost and human
toll from inadequate action increases.
17. On June 7, 2021, the National Oceanic and Atmospheric Administration announced
that the amount of carbon dioxide in Earth’s atmosphere reached 419 parts per million in May
2021, its highest level in more than four million years, providing proof that the climate change
problem continues to worsen and that governments must urgently act to reduce GHG emissions.
https://www.ucsusa.org/resources/underwater.
18. The November 2018 National Climate Assessment underscores the urgent case for an
immediate moratorium on all new fossil fuel development. The Assessment states, “future risks
for climate change depend primarily on decisions made today.” We are dooming future
generations by not acting now. The report details how global warming poses a profound threat
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to Americans’ well-being and cites new research estimating that climate change could cause
hundreds of billions of dollars in annual damage and, in the worst case scenario, a loss of more
than 10% of US GDP by the end of the century. https://nca2018.globalchange.gov/.
19. The recent Intergovernmental Panel on Climate Change report by the world’s climate
experts highlights the urgent need for immediate actions to sharply reduce fossil fuel use and
concludes that absent aggressive action, many effects once expected several decades in the future
will arrive by 2040 and that global net human-caused emissions of GHGs need to fall by 45
percent from 2010 levels by 2030 to avoid catastrophic climate change.
https://www.ipcc.ch/sr15/.
20. New Jersey recognizes this existential threat to the planet and the State. New Jersey
is a member of the Climate Alliance. As a member of that Alliance, Governor Murphy
committed the State to “Implement policies that advance the goals of the Paris Agreement to
keep temperature increases below 1.5 degrees Celsius, by committing to reduce collective
net GHG emissions at least 50-52 percent below 2005 levels by 2030.”
http://www.usclimatealliance.org.
B. New Jersey is Ground Zero for Climate Change
21. New Jersey (and Florida) are ground zero for climate change in the United States as
is evident from the devastating and still ongoing impact from Superstorm Sandy. A June 18,
2018 Union of Concerned Scientists report stated, “Of the roughly 14,000 commercial properties
at risk on U.S. coasts within the next 30 years, more than one-third are in Florida and New
Jersey.” Underwater, Rising Seas, Chronic Floods and the Implications for US Coastal Real
Estate https://www.ucsusa.org/resources/underwater
22. DEP’s 2020 Scientific Report on Climate Change lays out how devastating climate
change has been and will be for New Jersey unless GHG emissions are curtailed, swiftly and
dramatically. New Jersey will experience significant direct and secondary changes in its
environment including increases in temperature, variability in precipitation, frequency and
intensity of storms, sea-level rise, ocean acidification and the associated impacts to ecological
systems, natural resources, built environments, human health and the economy.
https://www.nj.gov/dep/climatechange/docs/nj-scientific-report-2020.pdf.
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23. The key findings of the Report are:
• Historically unprecedented warming is projected for the 21st century, resulting in
longer and more frequent heat waves that impact larger geographic areas.
• Annual precipitation is expected to increase from 7% to 11% by 2050 and occur
in more intense rain events that could result in an increase in localized flooding.
• By 2050, there is a 50% chance that sea-level rise will meet or exceed 1.4 feet and
a 17% chance it will meet or exceed 2.1 feet, resulting in increased coastal
flooding during sunny days and storm events, impacting infrastructure, residents
and businesses. Sea level will further increase by 2100 -- by as much as 6 feet or
more. A NOAA report released this month found sunny day flooding in New
Jersey has doubled over the past 20 years and is predicted to double again in 10
years if mitigation efforts don’t improve.
• Periods between rain events may be longer, causing more frequent drought
conditions, increasing the potential for reduced water supply availability,
reductions in agricultural capacity that lead to shortages in food production and
increased prices, and economic loss from impacts to livestock, and reductions in
hydroelectric power production.
• Unabated CO2 emissions would reduce ocean pH, creating a more acidic ocean
that could impact important marine and estuarine life and New Jersey’s thriving
fishing industry.
• Increases in temperature expected as a result of climate change could intensify air
pollution as well as respiratory and cardiovascular health concerns. Such impacts
are of particular concern for already overburdened environmental justice
communities and in urban areas due to the heat island effect.
• New Jersey’s agricultural yields could suffer as water supplies are stressed from
an expanded growing season, while some crops may not thrive in warmer
temperatures.
• Wildfire seasons could lengthen or become more intense as a result of hot, dry
periods resulting from increased temperatures, potentially increasing the risk to
New Jersey communities.
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• The frequency and intensity of harmful algal blooms may increase, disrupting
swimming and fishing in New Jersey’s lakes, and posing risks to drinking water
reservoirs.
24. The impacts of climate change will fall most heavily on our most vulnerable citizens.
In May 2020, the New Jersey Climate Change Research Center identified poverty and other
factors as heightening the vulnerability of communities of color, immigrants and seniors,
especially those living in flood plains, to the effects of climate change. New Jersey has the
largest number of affordable-housing units exposed to sea-level rise among all coastal states and
can expect that number to surge as waters climb in the next 30 years, according to a recent
Princeton-based research group report. https://www.njspotlight.com/2020/12/affordable-
housing-sea-level-rise-flooding-poverty-climate-change-nj/
C. The Health and Other Environmental Costs of Fossil Fuel Emissions
25. The devastation caused by climate change is accelerating. As the EPA has reported,
there is no small town, city or rural community that is unaffected by the climate crisis and
Americans are seeing and feeling the impacts up close, with increasing regularity. Wildfires are
bigger, and starting earlier in the year; hurricanes are stronger; heat waves are more frequent;
seas are warmer; flooding is five times more likely in many areas of the United States since the
1960s. The air is getting hotter. https://www.nytimes.com/2021/05/12/climate/climate-change-
epa.html. As was just demonstrated in the Pacific Northwest, this climate change is literally
killing us. https://www.worldweatherattribution.org/western-north-american-extreme-heat-
virtually-impossible-without-human-caused-climate-change/. A recent report detailed that there
has been a 37% increase in heat related deaths as a result of global warming.
https://www.nytimes.com/2021/05/31/climate/heat-deaths-climate-change.html
26. New fossil fuel projects would come with a direct, heavy and unacceptable cost to
our lungs. The burning of fossil fuels generates fine particulate matter, PM 2.5. EPA considers
PM 2.5 to be a great risk to human health and one of the most dangerous environmental
pollutants. https://www.epa.gov/pm-pollution/particulate-matter-pm-basics.
27. Scientists have known for years about the deadly impacts of fossil fuel combustion,
but a new peer-reviewed April 2021 study authored by a team from Harvard University, the
University of Birmingham, and the University of Leicester, published in Environmental
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Research, puts the global death toll at more than twice that of previous estimates. Exposure to
PM 2.5, from burning fossil fuels, was responsible for about 8.7 million deaths globally in 2018,
roughly the same number of people living in New York City. To put this into further
perspective, fossil fuel pollution is not only fueling the climate crisis, but also killing more
people each year than HIV, tuberculosis, and malaria combined. The report also found that 10.2
million premature deaths worldwide resulted from PM 2.5 exposure and that the U.S. had the
highest estimated rate of deaths among children under the age of five from lower respiratory
infections. https://www.nrdc.org/stories/fossil-fuel-air-pollution-kills-one-five-people; Vohra,
K., Vodonos, A., Schwartz, J., Marais, E.A., Sulprizio, M.P., Mickley,L.J., Global mortality
from outdoor fine particle pollution generated by fossil fuel combustion: Results from GEOS-
Chem, Environmental Research, https://doi.org/10.1016/j.envres.2021.110754.
28. Another study reported in the Proceedings of the National Academy of Sciences
found that black and brown communities carry a disproportionate burden from air pollution,
particularly fine particulate matter. Black and Hispanic populations bear a “pollution burden” by
being exposed to 56% to 63% more PM 2.5 pollution than non-Hispanic whites. The report dubs
this “pollution inequity.” Christopher W. Tessum, Joshua S. Apte, Andrew L. Goodkind,
Nicholas Z. Muller, Kimberley A. Mullins, David A. Paolella, Stephen Polasky, Nathaniel P.
Springer, Sumil K. Thakrar, Julian D. Marshall, and Jason D. Hill. Inequity in consumption of
goods and services adds to racial–ethnic disparities in air pollution exposure. Proceedings of the
National Academy of Sciences, March 11, 2019; DOI: 10.1073/pnas.1818859116.
29. Particulates from burning fossil fuels also react with sunlight to create ground-level
ozone, informally known as smog. Ground level ozone causes respiratory diseases and premature
death. Smog can irritate the eyes and throat and also damages the lungs, especially those of
children, senior citizens, and people who work or exercise outdoors. It is even worse for people
who have asthma or allergies; these extra pollutants can intensify their symptoms and trigger
asthma attacks. The tiniest airborne particles in soot, whether gaseous or solid, are especially
dangerous because they can penetrate the lungs and bloodstream and worsen bronchitis, lead to
heart attacks, and even hasten death. A 2020 report from Harvard’s T. H. Chan School of Public
Health showed COVID-19 mortality rates in areas with more soot pollution were higher than in
areas with even slightly less, showing a correlation between the virus’s deadliness and long-term
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exposure to fine particulate matter. https://www.nrdc.org/stories/air-pollution-everything-you-
need-know
30. The American Lung Association’s 2020 “State of the Air” report found that New
Jersey’s “major metro areas continued to rank among the worst in the nation for ozone smog.”
https://www.lung.org/media/press-releases/state-of-the-air-new-jersey.
D. The Natural Gas Fantasy
31. It can no longer be seriously argued, as fossil fuel companies contend, that natural gas
is a bridge fuel to clean energy. It is as bad as coal in terms of full life-cycle greenhouse gas
emissions and, as detailed below, renewable energy costs are now cheaper for new facilities.
Any new gas facilities will become stranded assets well before the end of their useful life if we
are serious about meeting our clean energy targets.
32. Natural gas consists primarily of methane. Methane is 86 times more potent than
CO2 in warming the atmosphere over a 20-year timeline and 104 times more powerful over a 10-
year period, the critical periods of time for reducing GHG emissions. In 2019, the GWRA
amendments with regard to methane stated:
The Legislature further finds and declares that, while carbon dioxide is the primary
and most abundant greenhouse gas, other greenhouse gases known as short-lived
climate pollutants, including black carbon, fluorinated gases, and methane, create a
warming influence on the climate that is many times more potent over a shorter
period of time than that of carbon dioxide, and have a dramatic and detrimental effect
on air quality, public health, and climate change; and that reducing emissions of these
pollutants can have an immediate beneficial impact on climate change and public
health.
In early 2020, Governor Murphy signed P.L.2019, c.319 that requires the State to use a 20-year
time horizon and most recent IPCC Assessment Report when calculating global warming
potential to measure the global warming impact of greenhouse gases. This mandate has yet to
be implemented.
33. Methane leaks occur at all stages of the gas process (extraction/production,
gathering, processing, transmission, storage, local distribution and consumption). Methane
leakage along the gas supply chain more than doubles the lifecycle emissions of gas compared to
counting emissions only from gas combustion. The 2019 NJ Energy Master Plan states,
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“methane emissions from natural gas transmission and distribution line leaks account for roughly
30% of the statewide methane emissions” and that actual methane leaks are 60% higher.
34. The vast majority of natural gas consumed in New Jersey comes from fracking.
Fracking emits uncontrollable amounts of methane as the gas erupts to the surface with flowback
and requires venting after well completion. One of the largest sources of fugitive methane is
wells that have been closed but continue to vent.
35. Each new interstate transmission pipeline from the Marcellus and Utica shale
formations and other fracked gas sources will spur new gas production. An analysis by the
Delaware Riverkeeper Network showed that the PennEast pipeline would likely result in the
drilling of at least 3,000 new fracked gas wells in Pennsylvania.
36. The science is clear that the use of natural gas is as bad as coal, if not worse, with
respect to causing global warming. A Cornell University study, comparing GHG potency,
showed that fracked gas is worse than either coal or oil.
https://news.cornell.edu/stories/2011/04/fracking-leaks-may-make-gas-dirtier-coal.
E. New Fossil Fuel Infrastructure is Uneconomical and will Lead to Stranded Assets
37. Report after report demonstrates that renewable energy is now less expensive than
fossil fuels. It is not only an environmental imperative to stop building fossil fuel facilities; it
makes economic sense.
38. The Rocky Mountain Institute (RMI) is a well-regarded non-partisan, non-profit
organization that works to transform global energy systems across the real economy. The
Murphy Administration has retained RMI to prepare models in connection with the development
of the 2019 Energy Master Plan and its current NJPACT proceeding. DEP should also follow
RMI’s guidance with respect to the need and economics of transforming our energy sector away
from natural gas and towards renewable energy sources.
39. In a September 9, 2019 report, A Bridge Backward? The Risky Economics of New
Natural Gas Infrastructure in the United States, RMI analyzed “the economics of new natural
gas-fired power plants and interstate gas pipelines in the context of the rapidly falling costs of
clean energy resources” and found “that the natural gas bridge is likely already behind us, and
that continued investment in announced gas projects risks creating tens of billions of dollars in
stranded costs by the mid-2030s, when new gas plants and pipelines will rapidly become
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uneconomic as clean energy costs continue to fall.” https://rmi.org/a-bridge-backward-the-risky-
economics-of-new-natural-gas-infrastructure-in-the-united-states/.
40. The report contained the following findings:
• Clean energy portfolios (CEPs) can provide the same energy, capacity, and
flexibility as new gas plants, often at significantly lower costs.
• 2019 represents a tipping point in the relative costs of CEPs and gas-fired power
plants. Since 2010, CEP costs have fallen by 80 percent and are now at the point
where they undercut the costs to build and run a new gas-fired power plant.
Furthermore, by the mid-2030s, as the costs of clean energy technologies continue
to fall, the costs to build a new CEP are likely to undercut (even) just the costs to
operate a gas-fired power plant (see chart below).
• 90% of new gas-fired capacity proposed for construction in the next five years
could be cost-effectively avoided with CEPs. Prioritizing clean energy investment
in these cases would unlock $29 billion in net customer savings and avoid 100
million tons of CO2 emissions each year—equivalent to 5 percent of current US
electricity-sector emissions.
• By 2035, over 90% of proposed combined-cycle gas plants, if built, would be
uneconomic to run compared to the cost of building a new clean energy portfolio.
Investors in these projects will likely face a significant risk of stranded
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investments, with tens of billions of dollars in book value remaining on assets
without a clear source of future revenues given competition from clean energy.
• Because less natural gas will be produced, there will be a corresponding decline in
the need for gas pipelines. Volume on new gas pipelines will fall between 20–
60%. This decline in volume will lead to rising costs for delivered gas borne, in
most cases, by captive utility customers.
41. New fossil fuel projects generally have expected 30-to-40-year lifetimes and are only
economical if they operate that long. But they will not operate that long if our clean energy
goals are to be met. Building new fossil fuel projects would result in one of two outcomes:
stranded assets for which ratepayers remain liable or the inability to meet our clean energy goals.
The damages to the environment, residents’ health, premature death rates, property damage and
associated financial burdens from new fossil fuel projects will last long after these facilities are
closed. As the RMI report concludes, there is a “significant risk that continued natural gas
infrastructure investment will turn into a bridge to bankruptcy for investors and stranded
investments that captive customers will have to pay for.”
42. Consistent with the RMI report, an April 2021 report from the Goldman School of
Public Policy, University of California, Berkeley uses the latest renewable energy and battery
cost data to demonstrate the technical and economic feasibility of achieving 80 percent clean
(carbon-free) electricity in the United States by 2030. The report finds achieving an 80 percent
clean electricity grid by 2030 is technologically feasible, would not raise customer costs or
compromise reliability, and would deliver major benefits including $1.5 trillion in clean energy
capital investments and $100 billion in transmission capital investments, while avoiding over
$1.7 trillion in health and environmental costs and 93,000 premature deaths.
https://energyinnovation.org/wp-content/uploads/2021/04/2030-Report-FINAL.pdf
43. Recognizing the massive economic risks associated with climate change, President
Biden signed an executive order on May 20, 2021 directing federal government agencies to
assess the risks climate change brings to both public and private financial assets in the U.S. This
will provide the data needed to convince the public and decision-makers that the costs of climate
change will far exceed the costs of actions to reduce its impact.
https://www.rollingstone.com/politics/politics-news/biden-executive-order-financial-impact-
climate-change-1173078/
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44. New Jersey and the DEP must conduct the same assessments and follow the science
and the lead of the Biden Administration. The few cost issues the State has addressed have only
been framed in terms of risks to geographically constrained assets, such as Shore properties. The
far larger economic risks must be considered whenever the DEP acts, but particularly when
deciding whether to issue operating permits for new fossil fuel infrastructure projects.
F. Green Energy Projects will Create More Jobs
45. Green energy projects will create more jobs than fossil fuel projects, as numerous
studies have shown.
46. The Stanford based TheSolutionsProject.org study has shown that a transition to
100% renewable energy in New Jersey for all purposes (electricity, transportation,
heating/cooling and industry needs) would create 58,600 operations jobs and 86,000 construction
jobs. At the same time this would prevent 1,528 annual deaths from air pollution.
http://thesolutionsproject.org/infographic/#nj
47. A study by Synapse Energy Economics, sponsored by the Labor Network for
Sustainability, shows the nationwide commitment to reducing GHGs by 80% by 2050 would
produce more than 550,000 jobs on average per year. It includes new jobs in energy efficiency
programs, renewable energy production, and auto manufacturing (making electric cars).
http://climatejobs.labor4sustainability.org/
48. A recent report by the ACEEE (American Council for an Energy Efficient Economy)
shows that the energy efficiency sub-segment alone employed 2.25 million Americans in 2017—
more than the combined total of jobs to produce coal, oil, gas, and electricity (including
renewables). http://empowernewjersey.com/wp-
content/uploads/2019/02/EmpowerNJ_Report_190211_Color.pdf
G. The Market Already Recognizes that Renewables Must Replace Fossil Fuels
49. The market has already recognized that new fossil fuel projects make no
environmental or economic sense. “84% of all new electric capacity planned to come onto the
electric grid this year is clean energy,” because it’s both cheaper and cleaner. Remarks by
President Biden on 1/27 Before Signing Executive Actions on Tackling Climate Change,
Creating Jobs, and Restoring Scientific Integrity.
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50. According to the U.S. Energy Information Administration, the new electric capacity
slated to come online in 2021, measured in total gigawatts, will be 39% solar, 31% wind, 11%
from batteries, and 3% nuclear. U.S. Energy Information Administration, Renewables account
for most new U.S. electricity generating capacity in 2021.
51. The 2021 numbers are no outlier. Renewable energy sources accounted for over 70%
(14,734 MW) of the 20,803 MW of new utility-scale electrical generating capacity added in the
first 11 months of 2020. In 2017, renewables accounted for 55% of the 21 GW of U.S. capacity
additions, the fourth consecutive year in which renewables made up more than half of those
additions. https://www.eia.gov/todayinenergy/detail.php?id=36092. Over the past ten years,
renewables have averaged over 57% of new utility-scale electric capacity renewable energy
sources (which include biomass, geothermal, hydropower, solar and wind).
https://www.solarpowerworldonline.com.
52. Thirteen publicly traded utilities announced support for a measure that would
eliminate 80% of fossil fuel emissions from the energy sector by 2030.
https://www.reuters.com/business/sustainable-business/exclusive-white-house-pushing-80-clean-
us-power-grid-by-2030-2021-04-26/
53. On June 28, 2021, Public Service Enterprise Group (“PSE&G”), which runs the
State’s largest utility company, announced its goal of achieving net-zero climate emissions by
2030, 20 years ahead of its previous goal. https://www.njspotlight.com/2021/06/pseg-biggest-nj-
energy-company-pseg-new-ambitious-net-zero-clean-energy-target-2030/
H. The IEA Report
54. The International Energy Agency is composed of 30 countries including the United
States and virtually all western democracies. The IEA historically has been criticized for its
cautious response to the climate crisis.
55. In May 2021, the IEA issued a report, Net Zero by 2050, A Roadmap for the Global
Energy Sector, which calls for an immediate end to investments in new fossil fuel infrastructure,
including the immediate cessation of permits for coal plants or new oil and gas field
development and coal mines. https://www.iea.org/reports/net-zero-by-2050
56. The IEA Report recognizes that good intentions and rhetoric are not enough to meet
the climate emergency. As the foreword to the report states, “the gap between rhetoric and
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action needs to close if we are to have a fighting chance of reaching net zero by 2050 and
limiting the rise in global temperatures to 1.5 degrees C.”
57. The Report’s summary states that the climate crisis calls for nothing less than a
complete transformation of how we produce, transport and consume energy” and pledges of
clean energy are not “underpinned by near-term policies and measures.” (p. 13). The report goes
on to state that the “path to net zero emissions is narrow; staying on it requires immediate and
massive deployment of all available clean and efficient energy technologies” and that “[a]ll the
technologies needed to achieve the necessary deep cuts in global emissions by 2030 already
exist, and the policies that can drive their deployment are already proven” (p. 14).
I. Actions by Other State and Local Governments
58. On April 22, 2021, President Biden announced a new target for the United States to
achieve a 50-52% reduction in GHGs from 2005 by 2030. https://www.whitehouse.gov/briefing-
room/statements-rele ases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-
pollution-reduction-target-aimed-at-creating.
59. Almost all the other states in the Climate Alliance have taken significant steps in this
direction by setting aggressive, but realistic targets for reducing GHGs not just by 2030, but
2025; New Jersey is the outlier and has not. Setting near term targets is especially critical as
without such it will be much harder, if not impossible, to achieve long term goals and GHG
reductions will almost always be back-loaded, neither of which we can afford here. Here are
examples of what other states have done:
• Colorado: Reduce GHGs 50% by 2030 from 2005 levels and 26% by 2025.
• Massachusetts: Reduce GHGs 50% below 1990 levels by 2030.
• Nevada: Reduce GHGs 45% by 2030 from 2005 levels and 28% by 2025 with
50% of electricity from renewable resources by 2030 and 100% carbon-free (zero
carbon dioxide emissions) resources by 2050.
• Louisiana: Reduce GHGs 45% to 50% by 2030 and 26-28% below 2005 levels
by 2025.
• Oregon: Reduce GHGs 45% below 1990 levels by 2035.
• New Mexico: Reduce GHGs 45% below 2005 levels by 2030; 100% carbon-free
electricity by 2045, with at least 80% from renewable energy by 2040.
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• Washington: Reduce GHGs 45% by 2030 from 2005 levels; utilities must be
100% carbon-neutral by 2030 with 80% of their power must come from “non
emitting electric generation and electricity from renewable resources.”
• Maine: Reduce GHGs 45% below 1990 levels by 2030.
• Rhode Island: Reduce GHGs 45% below 1990 levels by 2035.
• Connecticut: Reduce GHGs 45% below 2001 levels by 2030.
• California: Reduce GHGs 40% below 1990 levels by 2030; 100% carbon-free
electricity by 2045, with 50% from renewables by 2026; 60% from renewables by
2030, and 100% carbon-free energy by 2045.
• New York: Reduce GHGs by 40% from 1990 levels by 2030.
• Maryland: Reduce GHGs 40% below 2006 levels by 2030.
• Vermont: Reduce GHGs 40% below 1990 levels by 2030 and 26% below 2005
levels by 2025.
• North Carolina: Reduce GHGs 40% below 2005 levels by 2025.
• Minnesota: Reduce GHGs 30% below 2005 levels by 2025.
• Michigan: Reduce GHGs 26-28% below 2005 levels by 2025.
• Pennsylvania: Reduce GHGs 26% below 2005 levels by 2025.
• New Hampshire: Reduce GHGs 20% below 1990 levels by 2025.
• Hawaii: 100% renewable energy by 2045.
Source: https://www.c2es.org/document/greenhouse-gas-emissions-targets/
60. Internationally, a Dutch court recently entered an order requiring Royal Dutch Shell
to reduce the CO2 emissions of the Shell group 45% from 2019 levels by 2030.
https://www.jdsupra.com/legalnews/royal-dutch-shell-ordered-to-reduce-its-
5436630/#:~:text=In%20a%20significant%20judgment%20that,2030%2C%20compared%20to
%202019%20levels
J. Proposed New Fossil Fuel Projects in New Jersey
61. There is no scenario in which the State’s clean energy goal can be met if new sources
of GHGs are developed. As the saying goes, when you are in a hole, stop digging.
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62. Despite this undeniable reality, New Jersey has continued to allow the construction
of new fossil fuel facilities with many more on the drawing board. In the last three years, the
following projects have been built:
• Garden State Expansion Project (Bordentown, Chesterfield)
• Gateway Expansion Project (aka Roseland Compressor Station) (Roseland and
Paterson)
• Rivervale South to Market (Bergen, Hudson Counties and Meadowlands)
• Lambertville East Expansion (Lambertville)
• Sewaren 7 PSE&G gas-fired power plant (Woodbridge)
63. In 2018, the EmpowerNJ coalition presented a report to the DEP showing that there
were more than a dozen new fossil fuel projects planned for the State that would increase GHG
emissions by 30%. DEP did not take issue with these numbers.
http://empowernewjersey.com/wp
content/uploads/2019/02/EmpowerNJ_Report_190211_Color.pdf
64. A number of the 2018 projects were completed and the momentum of others such as
NESE has been slowed. However, numerous new fossil fuel projects are now in various stages
of planning and development throughout the State, most notably a proposed LNG export facility
in Gibbstown, NJ. While, the Biden Administration, many states, industry and much of the
market are quickly pivoting from fossil fuels toward renewables, New Jersey is still allowing
developers to proceed with new fossil fuel projects. The following major fossil fuel projects are
currently in the works.
Pipeline and compressor projects:
• PennEast Pipeline. On June 29, 2021, the US Supreme Court reversed a Third
Circuit ruling and allowed fossil fuel developers to seize state land for this
massive pipeline.
• Northeast Supply Enhancement (aka NESE) (Somerset and Middlesex Counties
and the Raritan Bay). While New York and New Jersey denied permits for this
project last year, Williams/Transco is actively seeking to revive the project and is
asking for a two-year extension of their federal approval.
• Southern Reliability Link (Pinelands). This project remains under construction
despite massive leaks and cost overruns.
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• South Jersey Gas pipeline. Even though its original purpose no longer exists, SJG
is exploring other options.
• Expansion of the Tennessee Gas Pipeline, including expanded/new compressor
stations in Wantage and New Milford. (Considered to be 2 projects)
• Regional Energy Access Pipeline with 3 compressor stations
Gas-fired power plant projects:
• Phoenix Energy Center (aka Highlands Power Plant) (Holland Township)
• Keasbey Energy Center (Woodbridge)
• NJ Transit Meadowlands Power Plant (Kearney). Despite agreeing to rethink the
project to build a 140 MW gas-fired power plant and use renewable energy, it is
unclear how much renewable energy technology will be used in this project.
• PVSC power plant (Newark). Passaic Valley Sewerage Commission plans to
build an 84 MW gas power plant for operating power when commercial power is
not available.
Liquified Natural Gas
• In December 2020, the NJ, PA, DE and Federal members of the Delaware River
Basin Commission voted to approve a liquid natural gas (LNG) export port at
Gibbstown, NJ. There are outstanding permits/approvals needed from New Jersey
et al. before the project can move ahead.
65. As detailed in EmpowerNJ’s 2019 report, we do not need new fossil fuel projects to
meet New Jersey’s energy needs and many of those listed here are not even intended to meet
New Jersey’s energy demands. http://empowernewjersey.com/wp-
content/uploads/2019/02/EmpowerNJ_Report_190211_Color.pdf
66. For example, the NESE pipeline would deliver gas to the Rockaways Transfer Point
in New York for use by customers in Brooklyn, Queens, Staten Island and Long Island. The
Gibbstown LNG Export Terminal is a private enterprise that will only sell LNG that is shipped
overseas. And, as detailed above, any new energy needs could be more economically provided
from clean energy sources.
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K. The NJPACT Rule-Making Proceeding
67. In addition to the power DEP has to regulate and reduce GHG emissions and other
air pollutants, the GWRA requires DEP to adopt rules by January 2022 that address climate
change impacts, and establish interim benchmarks (milestones) necessary to reduce GHGs by
80% by 2050 along with the measures necessary to achieve those interim benchmarks.
68. DEP is currently considering addressing climate change impacts in its NJPACT
rulemaking proceeding. DEP’s schedule called for rules to be proposed by January 2021. Those
rules are now seven months late. When the final rules will be promulgated is unknown but it
appears highly unlikely that DEP will meet its January 2022 deadline.
69. But even putting aside DEP’s on-going delay in complying with the GWRA and
addressing the existential issue of our time, DEP is not even seeking to codify interim
benchmarks as part of the ongoing NJPACT proceeding, despite being required to do so under
the GWRA. Indeed, DEP has acknowledged that it has no intention, much less any plans, to
reduce GHGs by 50% or even 45% by 2030, the minimum reduction identified by IPCC to avoid
climate catastrophe, despite having the statutory authority to do so, the State’s commitment as a
member of the Climate Alliance and the clear and compelling need for immediate action.
70. Further, DEP Commissioner Shawn LaTourette has publicly stated that a moratorium
on new fossil fuel projects was “unrealistic because we still depend on fossil fuels.” (January 22,
2021 webinar). What is “unrealistic” is to believe we can meet our mandated GHG reduction
goals without considering the impact of new fossil fuel facilities. Our continued, short term
reliance on existing fossil fuel facilities does not mean we should be building new ones. Further,
DEP’s position fails to reflect the monumental changes taking place in the energy marketplace
and the scientific consensus that natural gas is not a bridge to clean energy, but a road to climate
disaster.
CONCLUSION
To adequately address the climate crisis, the DEP should comply with its obligations
under the GWRA and implement the commitment the State made as a member of the Climate
Alliance by setting a target of a 50% reduction in GHGs by 2030 from 2005 levels and adopting
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rules to meet this target. Those rules must include restricting the issuance of operating permits
for new fossil fuel infrastructure projects.
Dated: July 21, 2021
Johnreichmanlaw LLC
By: s\ John H. Reichman
John H. Reichman
56 Oakwood Avenue
Montclair, NJ 07043
(917) 626-8025
On behalf of Petitioners
EmpowerNJ
℅ Johnreichmanlaw LLC
56 Oakwood Avenue
Montclair, NJ 07043.
BlueWaveNJ,
41 Watchung Plz, #332
Montclair, NJ 07042
Clean Water Action
198 Brighton Avenue
Long Branch, NJ 07740
Delaware Riverkeeper Network
925 Canal St. Suite 3701
Bristol, PA 19007
Don’t Gas the Meadowlands Coalition
21Winfield Drive
Parsippany, NJ 07054
Environment New Jersey
104 Bayard Street, Fl. 6
New Brunswick, NJ 08901
Food & Water Watch
100 Bayard St.
New Brunswick NJ 08901
New Jersey Sierra Club
145 W. Hanover St.
Trenton NJ 08618
Appendix A
This petition is also supported by the following organizations:
350NJ-Rockland
Action Together New Jersey
Atlantic Climate Justice Alliance
Bergen County Green Party
Central Jersey Coalition Against Endless War
Central Jersey Environmental Defenders
Clean Ocean Action
Climate Reality
ClimateMama
Coalition Against Pilgrim Pipeline - NJ
Coalition to Ban Unsafe Oil Trains
DivestNJ Coalition
Eco-Poetry.org
Env’l Justice team, Unitarian Society of Ridgewood
Ethical Culture Society of Bergen County
Franciscan Response to Fossil Fuel
Green Party of Monmouth County NJ
Green Party of NJ
GreenFaith
Indivisible Cranbury
Indivisible Highland Park New Jersey
Indivisible NJ5
JOLT USA
League of Women Voters of New Jersey
Long Valley Indivisible
Make the Road NJ
Middletown for Clean Energy
New Jersey People's Party
New Jersey Tenants Organization
NJ 11th For Change
NJ Citizen Action
NJ Forest Watch
NJ Skylands Sunrise Movement Hub
NJ Student Sustainability Coalition
NJ Walk and Bike Coalition
NJ Working Families Alliance
NJ-08 For Progress
North Jersey Sierra Group
Northern New Jersey NOW
Occupy Bergen County
Our Revolution Ocean County, NJ
Our Revolution Trenton Mercer
Raritan Headwaters Association
Resistance Cafe
SOMA Action
Summit Area Indivisible
Sunrise Hunterdon
Sunrise Morris County
Sunrise Movement Union County
Sunrise Stockton University
Surfrider Foundation South Jersey
Surfrider Foundation, Jersey Shore Chapter
Sustainable West Milford
The Climate Mobilization, North Jersey Chapter
The Wei LLC
Waterspirit
We The People NJ-07
Westfield 20/20
